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WESTCHESTER FIRE INSURANCE COMPANY, v. COASTAL ENVIRONMENTAL GROUP, INC. et al

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
1:15-cv-02557 Search Pacer
ACE Group party(s): 
Court Type: 
Federal
US District Court: 
Eastern District of New York
Date Filed: 
May 5 2015

Plaintiff, by its attorneys, Gottesman, Wolgel, Flynn, Weinberg & Lee, P.C., complaining
of the Defendants Coastal Environmental Group, Inc., Richard C. Silva, Mary Ann Silva,
Richard C. Silva, Jr., and Laura A. Silva, hereby alleges as follows:
1. Plaintiff, WESTCHESTER FIRE INSURANCE COMPANY (hereinafter “WFIC”
or “Surety” or “Plaintiff’) is a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania and is duly authorized to conduct business within the State of
New York as a Surety, and to execute and issue Surety Bonds in the State of New York.
2.    Upon information and belief, at all times hereinafter mentioned, the Defendant
COASTAL ENVIRONMENTAL GROUP INC. (“Coastal”) was and is a corporation organized
and existing under the laws of the State of New York, maintaining its principal place of business
at 250 Executive Drive, Suite K, Edgewood, NY 11717.
3.    Upon information and belief, the CEO of Defendant Coastal is Defendant
RICHARD C. SILVA, a resident of the State of New York.
4.    Upon information and belief, at all times hereinafter mentioned, the Defendant
RICHARD C. SILVA (“Richard Silva”) was and still is a resident of the State of New York,
residing at 41 Fisher Ave., Islip Terrace, NY 11752.
5.    Upon information and belief, at all times hereinafter mentioned, the Defendant
MARY ANN SILVA (“Mary Silva”) was and still is a resident of the State of New York,
residing at 41 Fisher Ave., Islip Terrace, NY 11752.
6.    Upon information and belief, at all times hereinafter mentioned, the Defendant
RICHARD C. SILVA, JR. (“Richard Silva, Jr.”) was and still is a resident of the State of New
York, residing at 5 Roundabout Rd., Smithtown, NY 11787.
7.    Upon information and belief, at all times hereinafter mentioned, the Defendant
LAURA A. SILVA (“Laura Silva”) was and still is a resident of the State of New York, residing
at 5 Roundabout Rd., Smithtown, NY 11787.

VENUE AND JURISDICTION

8.    Pursuant to 28 U.S.C. § 1332, this Court possesses diversity jurisdiction over this
action against the Defendants. The matter in controversy, exclusive of interest and costs,
exceeds the sum of Seventy-Five Thousand and 00/100 Dollars ($75,000.00).
9.    Pursuant to 28 U.S.C. § 1391(b)(2), venue lies in the Eastern District of New
York, the judicial district in which a substantial part of the events or omissions giving rise to the
claim occurred.

AS AND FOR A FIRST CAUSE OF ACTION
(Breach of Indemnity Agreement)

10.    WFIC, as surety, issued a Performance Bond (“Performance Bond”) and a
Payment Bond (“Payment Bond”) under Bond No KO8526680 (collectively the “Bonds”), on
behalf of and at the request of Coastal in connection with a contract entered into between Coastal
and the United States of America through the National Park Service - Denver Service Center of
the Department of Interior (“National Park Service”), as named Obligee in the Bonds, on or
about September 24, 2012, for a project referred to in the Bonds as “Phase III of Breakwater
Repairs at Riis Landing” (“Riis Landing” project).
11.    The Bonds were made, executed and delivered by WFIC, as surety, in
consideration of and in reliance upon, among other things, a written Agreement of Indemnity
executed by the Defendants, Coastal, Richard Silva, Mary Ann Silva, Richard Silva, Jr., and
Laura Silva (hereinafter collectively referred to as “Defendant Indemnitors”), jointly and
severally. A copy of the Agreement of Indemnity is annexed hereto, marked Exhibit “A,” and
made a part hereof, with the reference to the individual defendants’ social security numbers
redacted therefrom.
12.    Under the Agreement of Indemnity, Defendant Indemnitors, jointly and severally
agreed, among other things, to:
“...exonerate, hold harmless, indemnify and keep indemnified
SURETY from and against any and all claims, demands and
liability for losses, costs, and expenses of whatsoever kind or
nature, including but not limited to court costs, counsel fees, costs
of investigation, consultant fees, accountant fees, engineer or
construction management fees, together with interest thereon at the
maximum rate allowed by law, which SURETY may sustain or
incur by reason of or in consequence of the:
A.    Execution or procurement of the execution of BOND(s);
B.    Failure by PRINCIPAL(s) or INDEMNITOR(s) to perform or
comply with any of the covenants or conditions of this
AGREEMENT;
C.    Any Event of Default herein;
D.    Enforcement of any covenant of this AGREEEMENT;
E.    Performance of any investigation, attempt or attainment of any
release in connection with any BOND(s) or any loss or unpaid
premium in connection with any BOND(s);
F.    Prosecution or defense of any action or claim in connection
with any BOND(s), whether SURETY, at its own discretion,
elects to employ counsel of its own selection or permits or
requires PRINCIPAL(s) or INDEMNITOR(s) to make
arrangements for SURETY’S legal representation; and
G.    Attempt to recover losses or expenses paid or incurred in
connection with this AGREEEMENT, CONTRACT(s) and/or
BOND(s).
See Exhibit A at IjTHIRD.
13.    By reason of the foregoing, Defendant Indemnitors are jointly and severally
obligated to WFIC to exonerate, hold harmless, and indemnify WFIC and resolve all claims
against WFIC and the aforesaid Bonds all without any loss, cost or expense to WFIC.
14.    The National Park Service provided WFIC with a Notice of Intent to Declare a
Default pursuant to the contract and Perfonnance Bond No. KO8526680 for the Riis Landing
project.
15.    Claims have arisen from entities who are claiming under the Payment Bond No.
K08526680 for monies allegedly due and owing to them by Coastal for labor and for materials
provided on the Riis Landing project.
16.    WFIC received, reviewed and paid a claim under the Payment Bond No
KO8526680 from New York Crane and Equipment Corp. (“New York Crane”) for rental
equipment on the Riis Landing project. WFIC partially resolved the claim and paid New York
Crane the sum of $125,282.33.
17.    WFIC also received a claim from New York Crane for two months’ rent for rental
equipment on the Riis Landing project in the sum of $31,573.76. The claim is currently being
reviewed by WFIC.
18.    WFIC also received, reviewed, and paid a claim from Skyline Steel, LLC
(“Skyline Steel”) for materials and supplies provided to Coastal for the Riis Landing project in
the sum of $257,827.16.
19.    By letter dated April 29, 2015, WFIC demanded and called upon Coastal and the
Defendant Indemnnitors to indemnify WFIC in the amount of $383,109.49.
20.    Coastal defaulted by failing to pay its subcontractors on the Riis Landing project.
21.    The Defendant Indemnitors breached the Agreement of Indemnity by failing to
respond to WFIC’s demand for indemnification and indemnify WFIC for its losses.
22.    By reason of the foregoing, Defendants Coastal, Richard Silva, Mary Ann Silva,
Richard Silva, Jr., and Laura Silva are liable, jointly and severally, to indemnify WFIC in the
sum of at least $383,109.49, plus any additional losses for any payment and performance bond
claims heretofore or hereafter made to the Surety and/or additional bond losses that the Surety
incurs after the date of the complaint for a sum not yet determined.

AS AND FOR A SECOND CAUSE OF ACTION
(Declaratory Judgment Pursuant to Agreement of Indemnify!

23.    WFIC repeats and realleges each and every allegation set forth in paragraphs “1”
through “22” herein as if again set forth at length.
24.    Pursuant to the Agreement of Indemnity, an Event of Default is defined as when
the Surety receives notice that Coastal is unable to perform or is in breach of any contract in the
bond.
25.    An Event of Default is also defined as
B. Any failure, delay, refusal or inability of PRINCIPAL(s) to pay claims,
bills or other indebtedness incurred in, or in connection with the
performance of any CONTRACT;
H.    In the event that CONTRACT(s), or any portion thereof, relates to the
development of real property or construction of improvements upon real
property: (i) the failure of PRINCIPAL(s) to pay for labor and materials
ordered or used in connection with such development or construction of
improvements; (ii) the diversion or non-use by PRINCIPAL(s) of loan
funds, equity funds or materials intended by any lender, equity
contributor or supplier of such funds or materials to be used and which
are needed to perform the COTNRACT; or (iii) the voluntary or
involuntary cessation or suspension of work required to be performed by
PRINCIPAL(s) in connection with the CONTRACT(s)...
See Exhibit A at piRST.
26.    Under the Agreement of Indemnity, Defendant Indemnitors also agreed, jointly
and severally, among other things that upon the Event of Default, Defendant Indemnitors
assigned to WFIC as Surety:
A.    All monies due or to become due to PRINCIPAL(s) arising out of or in any
way related to CONTRACT(s) covered by BOND(s), including but not
limited to, progress payments, deferred payments, retained percentages,
compensation for extra work, undisbursed loan funds, deposit or reserve
accounts, and all collateral pledged by PRINCIPAL(s) and INDEMNITOR(s)
to third parties in comiection with the CONTRACT(s) or BOND(s);
B.    All of the rights of PRINCIPAL(s) in, or arising in any manner out of, all
CONTRACT(s) or BOND(s)...
See Exhibit A at fEIGHTH.
27.    Defendant Indemnitors further agreed to “irrevocably, nominate, constitute
designate and appoint” WFIC as the attorney in-fact for the Principal and Indemnitors under a
bonded contract, in this case for the Riis Landing project. See Exhibit A at ^JTENTH.
28.    Upon information and belief, the National Park Service did not issue final
payment for the Riis Landing project.
29.    On or about April 14, 2015, WFIC informed the National Park Service that
Coastal failed to pay its subcontractors and suppliers and was in default of its contractual
obligations.
30.    On or about April 15, 2015, the National Park Service acknowledged WFIC’s
letter informing of Coastal’s default and requested that WFIC provide an Indemnification/Hold
Harmless Letter pursuant to FAR 28.106-7.
31.    On April 21,2015, WFIC provided an Indemnification/Hold Harmless Letter to
the National Park Service pursuant to FAR 28.106-7. The Indemnification/Hold Harmless Letter
requested that the National Park Service not release to Coastal any earned or due amounts for the
Riis Landing project and WFIC agreed to indemnify and hold harmless the National Park Service
from any liability resulting from withholding the payment on the Riis Landing project.
32.    In addition to WFIC receiving payment bond claims, on or about April 22, 2015,
the National Park Service terminated Coastal’s contract for convenience effective April 7, 2015
in accordance with FAR 52.249-2.
33.    The National Park Service also provided notice to WFIC of Modification No.
0005 for a lump sum proposed payment of approximately $400,000.00 to Coastal for work
performed on the Riis Landing project.
34.    On April 23, 2015, WFIC informed the National Park Service of its entitlement to
the $400,000.00 payment as surety and as attorney-in-fact for Coastal pursuant to the Agreement
of Indemnity.
35.    WFIC incurred payment bond losses not less than the amount of $383,827.16
because Coastal did not pay its subcontractors for the Riis Landing project.
36.    WFIC is entitled to the contract balances pursuant to Coastal’s obligations under
the Agreement of Indemnity based upon an Event of Default by Coastal not paying its
subcontractors triggering the assignment and the attorney-in-fact provisions assigning to WFIC
all monies due and all of Coastal’s rights under the contract for the Riis Landing project. See
Exhibit A at ^fTHIRD, EIGHTH and TENTH.
37.    As surety and as attomey-in-fact, WFIC has the right to receive and apply the
payments on the Riis Landing project for the benefit and payment of all obligations for which
WFIC incurred a bond loss payment and for which WFIC may be liable.
38.    As Coastal’s attomey-in-fact, WFIC also has the authority to execute on Coastal’s
behalf the consent for payment by the government to WFIC as set forth in FAR 28.106-7(b).
39.    Pursuant to FAR 28.106-7(b), the National Park Service, upon information and
belief, has agreed to withhold payment from Coastal in the sum of $400,000.00, but will not pay
the termination for convenience payment to WFIC unless there is either an agreement between
Coastal and WFIC or until there is a judicial determination of the rights of the parties.
40.    Despite the WFIC’s request and demand to Coastal for payment of WFIC’s
liquidated and unliquidated claims pursuant to the Agreement of Indemnity provisions heretofore
mentioned, as well as pursuant FAR 28.106-7(b), Coastal refused to consent to the payment of
the final payment on the Riis Landing project to WFIC and has not indemnified WFIC.
41.    By reason of Defendant Coastal’s obligations to exonerate, hold harmless and
indemnify WFIC as surety under the Agreement of Indemnity and based upon the: (a)
assignment provisions of the Agreement of Indemnity and (b) WFIC as attomey-in-fact for
Coastal, WFIC is entitled to a declaratory judgment that WFIC as surety and/or as attomey-in-
fact for Coastal may execute documents necessary and is entitled to receive payment on the Riis
Landing project in the sum of $400,000.00 representing the final payment in consideration of the
termination for convenience and Modification No. 0005 issued for the Riis Landing project.

AS AND FOR A THIRD CAUSE OF ACTION
/Declaratory Judgment Based on Equitable Rights of Subrogation)

42.    WFIC repeats and realleges each and every allegation set forth in paragraphs “1”
through “41” herein as if again set forth at length.
43.    By making payments to subcontractors on the Riis Landing project, WFIC is
subrogated in equity and at law to the rights and claims of Coastal and/or to rights and claims of
the subcontractors, laborers and materialmen paid under WFIC’s payment bond no. KO8526680
issued pursuant to the Miller Act (40 U.S.C. §3131).
44.    WFIC is subrogated to the rights of Coastal and WFIC is entitled to recover the
termination for convenience final payment representing the contract balance in order to be made
whole for the bond losses sustained or to be sustained by WFIC as surety as if Coastal had paid
the subcontractors and as if Coastal would be entitled to payment of the contract balance.
45.    WFIC is subrogated as surety to the equitable rights of subcontractors who were
unpaid by Coastal and which subcontractors are equitably entitled to be paid out of the contract
funds.
46.    As a result of WFIC’s payment bond losses and claims, WFIC’s rights of
subrogation as surety are superior to any right Coastal may claim.
47.    Despite WFIC’s rights of subrogation, heretofore mentioned, Coastal refused to
consent to the payment of the final payment on the Riis Landing project to WFIC pursuant to
FAR 28.106-7(b).
48.    Pursuant to FAR 28.106-7(b), the contracting officer for the National Park
Service will only “authorize final payment upon agreement between the contractor and surety or
upon a judicial determination of the rights of the parties.”
49.    By reason of the surety-principal relationship existing between WFIC and Coastal,
WFIC’s equitable rights of subrogation, WFIC as the attorney-in-fact for Coastal and by reason
of WFIC’s surety bond losses and claims set forth herein, WFIC is entitled to a declaratory
judgment that WFIC has rights superior to Coastal for payment of the contract balance held by
the National Park Service pursuant to the Termination for Convenience and Modification No.
0005 for the Riis Landing project.

AS AND FOR A FOURTH CAUSE OF ACTION
(Exoneration!

50.    WFIC repeats and realleges each and every allegation set forth in paragraphs “1”
through “49” herein as if again set forth at length.
51.    Under the Agreement of Indemnity, Defendant Indemnitors, jointly and severally
agreed, among other things:
If for any reason the SURETY shall deem it necessary to establish
or to increase a reserve to cover any possible liability or loss for
which the PRINCIPAL(s) and INDEMNITOR(s) will be obligated
to indemnify SURETY under the terms of this AGREEMENT,
PRICNIPAL(s) and INDEMNITOR(s) will deposit with SURETY,
immediately upon demand, a sum of money equal to such reserve
and any increase thereof as collateral security to SURETY for such
liability or loss.
SURETY shall have the right use such deposit, or any part thereof,
in payment or settlement of any liability, loss or expense for which
PRINCIPAL(s) and/or INDEMNITOR(s) would be obligated to
indemnify SURETY under the terms of the AGREEMENT...
See Exhibit A at ^[FOURTH.
52.    WFIC notified the Defendant Indemnitors of the payments made by WFIC and of
the Indemnitors’ obligations to indemnify and exonerate WFIC for any loss or expenses incurred,
which as of April 29,2015 was for $383,109.49.
53.    WFIC also informed the Defendant Indemnitors that in addition to incurring
losses in the sum of $383,109.49, WFIC posted an outstanding reserve of $366,890.51 to cover
additional potential liability.
54.    WFIC demanded and called upon the Defendant Indemnitors to collateralize and
exonerate WFIC in the amount of $366,890.51 to cover WFIC’s outstanding reserve.
55.    Despite said demand and the obligations under the Agreement of Indemnity, the
Defendant Indemnitors have failed to indemnify WFIC and have failed to deposit any collateral
with WFIC.
56.    By reason of the acts and omissions of the Defendant Indemnitors, collectively
and separately, WFIC has been denied and deprived of its right of exoneration and has been
denied and deprived of the benefits and security of Defendant Indemnitors’ indemnification,
which each of the Defendant Indemnitors contractually agreed to provide when they induced
WFIC to execute the bonds and which WFIC relied upon in executing said bonds.
57.    WFIC has duly performed all conditions of the Agreement of Indemnity required
on its part to be performed, yet Defendant Indemnitors have failed to indemnity WFIC in the
sum of $383,109.49 and have failed to deposit collateral and exonerate WFIC in the amount of
$366,890.51 and the Defendant Indemnitors are in breach of the Agreement of Indemnity.
58.    By reason of the foregoing, WFIC demands that the Defendant Indemnitors
exonerate WFIC as and against any and all claims heretofore made in the sum of at least
$750,000.00 which includes indemnification in the sum of $383,109.49 and exoneration by
deposit of collateral in the sum of $366,890.51.

AS AND FOR A FIFTH CAUSE OF ACTION
(Indemnification for Fees and Expenses)

59.    WFIC repeats and realleges each and every allegation set forth in paragraphs “1”
through “58” herein as if again set forth at length.
60.    Additional sums were incurred and paid by WFIC in connection with the
performance and payment bond obligations for investigating and/or resolving the aforementioned
payment bond claims including counsel fees and expenses, although the matter has not been
concluded by Coastal and attorney fees and expenses in connection with the foregoing and this
litigation continue to be incurred by WFIC.
61.    WFIC has heretofore paid loss expenses, including attorneys’ fees and expenses
in the sum of $6,380.00.
62.    By reason of the foregoing, Defendant Indemnitors are liable, jointly and
severally, to WFIC for all losses, costs, charges for attorneys’ fees and expenses that will be
sustained or incurred by WFIC in connection with the issuance of Performance and Payment
Bond and/or with this litigation, including, but not limited to attorneys’ fees and expenses
heretofore incurred and paid in the amount of $6,380.00 through March 31, 2014, plus such
additional amounts for attorneys’ fees and expenses incurred thereafter in a sum not yet
determined.

AS AND FOR A SIXTH CAUSE OF ACTION
(Indemnification for Additional Fees and Expenses)

63.    WFIC repeats and realleges each and every allegation set forth in paragraphs “1”
through “62” herein as if again set forth at length.
64.    Pursuant to the terms of the Agreement of Indemnity, Defendant Indemnitors,
jointly and severally, agreed to indemnify WFIC for counsel fees and expenses incurred in
enforcing the terms of the Agreement of Indemnity.
65.    By reason of the foregoing, Defendants Coastal, Richard Silva, Mary Ann Silva,
Richard Silva, Jr., and Laura Silva are liable, jointly and severally, to WFIC for all losses, costs,
charges for attorneys’ fees and expenses that will be sustained or to be incurred by WFIC in
connection with this litigation and for such amounts incurred together with interest thereon.

AS AND FOR A SEVENTH CAUSE OF ACTION
(Quia Timet')

66.    WFIC repeats and realleges each and every allegation set forth in paragraphs “1”
through “65” herein as if again set forth at length.
67.    Under the Agreement of Indemnity, the Defendant Indemnitors agreed, jointly
and severally, among other things, to deposit collateral with WFIC “immediately upon a demand,
a sum of money equal to such reserve and any increase thereof as collateral security to SURETY”
to cover the SURETY for any possible liability or loss. See Exhibit A at ^[FOURTH.
68.    Coastal defaulted by failing to pay its subcontractors on the Riis Landing project.
69.    As a result of Coastal’s failure to pay its subcontractors on the Riis Landing
project, WFIC has thus far incurred payment bond losses in the amount of $383,109.49 and is
currently reviewing additional payment bond claims.
70.    As a result of Coastal’s failure to pay its subcontractors on the Riis Landing
project, WFIC has also incurred loss adjustment expenses, including attorney fees and expenses
in the sum of $6,380.00 through March 31, 2015.
71.    Due to the bond losses and loss adjustment expenses incurred and the pending
claims currently being reviewed, WFIC has deemed it necessary to establish an outstanding
reserve in the sum of $366,890.51.
72.    WFIC demanded and called upon Coastal and the Defendant Indemnnitors to
indemnify WFIC in the amount of $383,109.49 and to deposit collateral in the amount of
$366,890.51.
73.    The defendant Indemnitors breached the Agreement of Indemnity by failing to
respond to WFIC’s demand for indemnification to indemnify WFIC for its losses and have failed
to deposit collateral with WFIC for additional potential losses.
74.    Upon information and belief, the Defendant Indemnitors are each in a precarious
financial condition.
75.    WFIC is fearful and apprehensive that said Defendant Indemnitors each are, or
each may become, financially unable to reimburse WFIC for the amounts WFIC has paid, the
additional amounts WFIC may be compelled to pay under the performance and payment bond
and the expenses incurred therewith by WFIC, including counsel fees and expenses heretofore
incurred in responding to and defending any claim under the bond and in bringing this action.
76.    WFIC is fearful and apprehensive that said Defendant Indemnitors may or have
already, jointly or severally, concealed their property and assets or placed same beyond the reach
of WFIC, thereby making recovery from any of them difficult if not impossible, and that WFIC
will thereby suffer irreparable damage and loss through its inability to recover from the
Defendant Indemnitors the amounts WFIC has already paid for payment bond claims, as well as
any additional potential payment bond claims WFIC may be compelled to pay under the
aforementioned performance and payment bond, or that WFIC may incur in connection
therewith in expenses, fees and costs.
77.    WFIC has no adequate remedy at law and the declaratory and equitable relief
sought herein constitutes the only means by which WFIC can secure adequate relief and by
which furtherance of justice maybe served.
78.    Upon information and belief, unless the relief in the nature herein is requested or
its equivalent is granted, the equitable rights of WFIC will be lost and WFIC will suffer
irreparable loss and damage.
79.    The deposit of collateral is necessary to secure WFIC against the claims
heretofore made, bond losses and loss adjustment expenses incurred by WFIC thus far, as well as
additional potential losses pending the full and complete discharge of WFIC’s liability under its
performance and payment bond and the reimbursement of WFIC for any and all amounts that it
may be required to pay under its bond, including reimbursement of its own attorneys’ fees, costs,
and expenses; or (b) in the alternative, that the Court order the appointment of a receiver to
receive and conserve the property and assets of the Defendant Indemnitors, pending the full
exoneration and relief of WFIC from liability under its bond, and reimbursement of WFIC for
the amount WFIC may be required to pay thereunder, including its own costs and loss
adjustment expenses; or (c) that the Court order the Defendant Indemnitors, jointly and severally
exonerate and relieve WFIC, and hold WFIC harmless from all liability, loss, cost, damage, and
expenses by such other means and methods as the Court may deem just, reasonable and feasible.
80.    By reason of the foregoing, plaintiff WFIC is entitled to a declaratory judgment
and equitable relief of quia timet and an order from the Court directing that Defendant
Indemnitors deposit with WFIC or the Clerk of this Court for the benefit and protection of WFIC
as Surety an amount to be determined by the Court but not less than $750,000.00, representing
the payment bond exposure based on the payment bond losses WFIC has heretofore incurred
($383,109.49) and the posting of an outstanding reserve ($366,890.51) to cover additional
potential claims and expenses.
WHEREFORE, Plaintiff Westchester Fire Insurance Company demands judgment for the
entry of a money judgment as follows:
1)    on the FIRST Cause of Action against Defendant Indemnitors, jointly and
severally, to indemnify WFIC in the sum of at least $383,109.49, plus any
additional losses for any payment and performance claims and/or losses that
WFIC incurs after the date of the complaint for a sum not yet determined,
2)    on the SECOND Cause of Action for a declaratory judgment that WFIC is
entitled to payment of the balance of the contract funds held by the National
Park Service in the sum of $400,000.00,
3)    on the THIRD Cause of Action for equitable subrogation for a declaratory
judgment that WFIC is entitled to payment of the contract balance held by the
National Park Service in the sum of $400,000.00,
4)    on the FOURTH Cause of Action against Defendant Indemnitors, jointly and
severally to exonerate WFIC as and against any and all claims heretofore
made and additional potential claims against WFIC in the sum of at least
$750,000.00,
5)    on the FIFTH Cause of Action against Defendant Indemnitors, jointly and
severally, to indemnify WFIC for an amount not less than $6,380.00 for loss
adjustment expenses, plus such additional amounts incurred by WFIC for a
sum not yet determined,
6)    on the SIXTH Cause of Action against Defendant Indemnitors, jointly and
severally, for such additional amounts as are incurred by WFIC as the matter
progresses,
7)    on the SEVENTH Cause of Action against Defendant Indemnitors a judgment
granting WFIC the equitable relief of quia timet and directing the Defendant
Indemnitors, jointly and severally, to post and deposit collateral with WFIC or
in the alternative with the Court in a sum equal to and sufficient to indemnify
WFIC for all its actual and potential losses for claims and expenses sustained
and to be incurred as a result of issuing the Payment Bond for the Riis
Landing project, plus all the costs, fees and expenses incurred and to be
incurred by WFIC in its retention of attorneys through and to the complete
discharge of WFIC’s surety bond and the conclusion of this litigation, and
8)    all with due and proper interest, together with the costs and disbursements of
this action and such other and further relief the Court deems just and proper.
 

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

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